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STATE v. WILSON

No. 505.

67 S.E.2d 748 (1951)

234 N.C. 552

STATE v. WILSON.

Supreme Court of North Carolina.

November 28, 1951.

Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton, and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State, appellant.

Wade H. Sanders for defendant, appellee.

ERVIN, Justice.

Since the law looks at substance rather than form, the misnaming of the defendant's plea cannot blot out the reality that Judge Sink sustained a plea of former acquittal. He evidently concluded the plea to be good on the theory that an inspection of the two indictments disclosed that the facts alleged in the second indictment, if given in evidence, would have sustained a conviction under the first. State v. Hicks, 233 N.C. 511

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